Cobb: Court Not Misled

Posted 4 January 2006 by

Last month the appeals hearing in the Cobb Country disclaimer sticker case made headlines when Judge Carnes accused the ACLU of misleading the court regarding the timing of the creationist petition submitted to the school board. The Discovery Institute's Media Complaints Division, which is "committed" to correcting errors made by the media, jumped on the story with their article, "Did the ACLU Lie to the Federal Courts in the Cobb County Evolution Sticker Case?" Now it was immediately apparent to us and the media that Judge Carnes was confused about the facts of the case and recklessly accused the ACLU of misleading the court. I pointed this out in a series of posts:
  • Cobb County Disclaimer Appeal
  • More on Cobb
  • GCISE Press Release
  • Cobb: Miller's own Testimony
  • However, Disco has yet to provide such information to their readers. Today the Appeals court issued a clear statement on the issue:
    The Court is not ruling at this time on whether any findings by the district court about the timing of the petition were clearly erroneous, which is the governing standard of review; the time and place for announcing any decisions about that will be in the opinion this Court issues. However, the Court does want to resolve at this time the question of whether Mr. Bramlett misled the Court in the brief he filed on behalf of the appellees. Parts of the trial record concerning the petition are puzzling. The attorneys on both sides might have been more careful in their advocacy relating to this issue, which would have assisted the Court. The Court, however, does not find that counsel misled it or attempted to do so. We issue this order to remove any implication that either counsel did. Because the oral argument remarks about this matter occurred in open court and have been discussed in the news media, the Clerks's Office is directed to disseminate a copy of this order to the media.
    I am not holding my breath waiting for the creationists to disseminate this court order.

    66 Comments

    Worldwide Pants · 4 January 2006

    Nitpick: mislead -> misled

    steve s · 4 January 2006

    I am shocked to see they've reinstated Trackbacks at Evolution News and Views and Lies. For several months they neither permitted trackbacks, nor answered my emails about why they were disabled.

    Steviepinhead · 4 January 2006

    I agree with Worldwide Pants's nitpick, but note that the original fault appears not to have been Reed's, who only follows the court's erroneous use, which occurs at least twice.

    The simple past tense of the verb "to lead" is "led," and this remains true when the words are used in combination with "mis."

    I think the source of this ever-more-common error has something to do with the other meaning of "lead" (the noun meaning a heavy metal), which is indeed pronounced with the short "e" sound. Thus, most people appear to know, on some level, that the past tense should have the short "e" (red-led-wed-fed) sound, but they then erroneously assume it is OK to achieve this sound via the "lead" spelling, which does indeed have that sound, but only when used in its alternate, metallic meaning (and in such formations as the past tense of "read," "dead," "head," etc.).

    Just another English trap for the unwary.

    Reed A. Cartwright · 4 January 2006

    Nah, the court didn't make the mistake. (Those where typos in my transcription of the scan.) Someone at NCSE (or their source) made the mistake when they named the copy of the order that I got.

    Steviepinhead · 4 January 2006

    My willingness to assume that the court was at fault was, of course, based on the one judge's deep obtuseness during oral argument. I also assumed, since that jurist was the source of the misimpression, that his office was probably also behind this new order. In its own way, this was a reversal of the more common (and often erroneous) assumption that someone who can't spell, also can't think. Here, I was willing to assume that a judge who can't think, also couldn't spell.

    So much for assumptions...anyway, somebody at the court deserves some credit for starting to dig out from under this screw-up. I have to wonder if the piercing clarity of the Dover ruling may not have begun to penetrate the fog in Georgia.

    Reed A. Cartwright · 4 January 2006

    I don't know if anybody at the court diserves any credit for correcting the record. The lawyers for both sides had to submitt letters in respose to the accusations. These letters are what are responsible for the Court recognizing its error at this time.

    Steviepinhead · 4 January 2006

    Well, courts are prodded by many external factors, for better or worse. It'll be interesting to see what the eventual opinion has to say, and what the influence of Dover turns out to be.

    'Rev Dr' Lenny Flank · 4 January 2006

    Well, courts are prodded by many external factors, for better or worse. It'll be interesting to see what the eventual opinion has to say, and what the influence of Dover turns out to be.

    The Cobb court cannot help but notice that the Dover decision cites the _Selman_ decision no less than a dozen times . . . .

    face rubber · 5 January 2006

    Those where typos in my transcription of the scan.

    They where indeed.

    Reed A. Cartwright · 5 January 2006

    Note to self: avoid typing on little sleep.

    Larry Fafarman · 5 January 2006

    Motives, motives, motives. There is all this emphasis on motives. Now the courts not only have to worry about the motives of the public officials who decided to add the stickers, but also have to worry about the motives of members of the public who encouraged or supported the decision to add the stickers. This issue of motives has led to arbitrary and uneven enforcement of the Constitution's establishment clause.

    The issue of motives in these establishment clause cases should be eliminated.

    Some California employers who contested unemployment benefit claims argued that employees gave pretexts for quitting a job -- e.g., the relocation of a job beyond commuting distance -- rather than the real reasons which would have made them ineligible for benefits. So the state unemployment office came up with the following rule regarding the unemployment benefit eligibility of workers who quit their jobs: these workers are eligible if they quit the job under circumstances where someone who is truly desirous of keeping the job would quit, e.g., relocation of the job.

    So I propose the following judicial standard regarding the motives of public officials and others in establishment clause cases: the motives are presumed to be secular if it is conceivable than an atheist would have taken the same action in the same circumstances.

    Sean Warren · 5 January 2006

    Is this the first time you've referred to the Discovery Institute as "Disco"? I like it; I think "the Disco Institute" is a much better name for them. It fits their level of seriousness.

    Greg H · 5 January 2006

    Because I enjoy feeding the trolls, and of course, watching split open like a snake trying to scarf down an alligator...

    Motives, motives, motives. There is all this emphasis on motives. Now the courts not only have to worry about the motives of the public officials who decided to add the stickers, but also have to worry about the motives of members of the public who encouraged or supported the decision to add the stickers. This issue of motives has led to arbitrary and uneven enforcement of the Constitution's establishment clause. The issue of motives in these establishment clause cases should be eliminated. Some California employers who contested unemployment benefit claims argued that employees gave pretexts for quitting a job --- e.g., the relocation of a job beyond commuting distance --- rather than the real reasons which would have made them ineligible for benefits. So the state unemployment office came up with the following rule regarding the unemployment benefit eligibility of workers who quit their jobs: these workers are eligible if they quit the job under circumstances where someone who is truly desirous of keeping the job would quit, e.g., relocation of the job. So I propose the following judicial standard regarding the motives of public officials and others in establishment clause cases: the motives are presumed to be secular if it is conceivable than an atheist would have taken the same action in the same circumstances.

    — Larry Fafarman
    So, basically, Larry, you would have us ignore the idea of motive when it comes to interpreting the law? Why is that? Is it because the motive for doing something determines whether that particular act is actually illegal or not? Let's take a looksee at a different example: If I shoot and kill someone's dog, I've committed at least one crime - animal cruelty. However, if I shoot and kill someone's dog because the dog was mauling a 2 year old, all I've done is save someone's kid, and it's the owner of the dog who may have actually committed a crime. Why is that? Did I do something differently? No - I still shot the dog. Are the results any diffrent? Well, gee, no, the dog's still dead. So what's different. Oh, that would be motive - my REASON for shooting the dog. In one case, I'm doing it to save a child. in the other, I'm just being a malicious jerk. So, by all means, Larry, let's ignore motive. I'm sure there are many criminals currently in the state and federal prison system that would agree with your point, although perhaps not for the reasons you intend. I'm beginning to understand why Dr. Lenny starts all his posts with (shrug).

    gwangung · 5 January 2006

    Motives, motives, motives. There is all this emphasis on motives.

    Well, yes. That's a rather basic part of the law. Method, Opportunity and Motive.

    But a legal exert such as yourself should know all about that.

    Mr Christopher · 5 January 2006

    Hey Larry, Bill Dembski himself is waiting to hear from YOU, yes YOU! His intelligent design creationism blog is back in business and he could use some super bright folks such as yourself to help carry the message.

    Check it out - www.uncommondescent.com

    Pretty cool name, huh? uncommon descent it's a play on Darwin's common descent? How clever is THAT? That Dembski is a credit to the creationist cause!

    Anyhow, go hook up with him. Here on PT you're just another trolling, whining, cry baby IDiot, but over there you'll be a rocket scientist and a legal expert. How cool is that?

    Larry Fafarman · 5 January 2006

    Comment #67870 posted by Greg H on January 5, 2006 09:41 AM So, basically, Larry, you would have us ignore the idea of motive when it comes to interpreting the law? Why is that? Is it because the motive for doing something determines whether that particular act is actually illegal or not?
    The consideration of motive or intent is appropriate in cases like murder cases and employment-discrimination cases because these cases are decided on an individual basis. But these establishment clause cases are often not decided on an individual basis -- another court may take this Dover decision and apply it directly to another school board that is not motivated by religion. Also, murder cases and employment-discrimination cases usually involve the motives of one or just a few individuals. In contrast, establishment clause cases may involve the motives of many public officials and even the motives of members of the public (as in the Cobb County textbook sticker case, where the motives of those who petitioned the school board became an issue). Also, I think that the apparent purpose (i.e., whether something appears to promote religion, without regard to intent) is more important than the intended purpose (whether something was intended to promote religion). So when you compare establishment clause cases with other kinds of cases, you are comparing apples and oranges.

    Steviepinhead · 5 January 2006

    I couldn't care less what "Larry" "thinks," but, just for laughs--

    Can anyone give an example of a state curriculum authority or of an individual school district, anywhere in the country, known to be considering the inclusion of ID psuedoscience in the biology curriculum or otherwise planning to water down evolution instruction, where one or more of the board or authority members have not already clearly and publicly announced their religious motivations, or the religious nature of the constituent pressure being brought to bear?

    I didn't think so...

    Why do the "Larry"s of the world think that is? C'mon, show us, ya big stand-up maroon.

    Don Baccus · 5 January 2006

    The issue of motives in these establishment clause cases should be eliminated.

    — LaLaLarry
    Well, since the establishment clause is all about motive and intent I guess you'd better start getting to work on a constitutional amendment to remove it ... Good luck with that. At least it would give you something to do rather than spend your life trolling here.

    Greg H · 5 January 2006

    Larry,

    You simply cannot disassociate the practice of interpreting the law (any law) with considering the motives of the people accused of violating it. As several people have pointed out, it is permissiable to teach classes about religion, as long as you aren't promoting any individual religious viewpoint. Comparative religion classes come to mind, where the students study many different religious viewpoints in a compare and contrast sort of environment. So if the purpose, the motive if you will, of the people wanting the course taught is to educate folks about religion in general, that's perfectly acceptable and wouldn't violate the establishment clause, as long as the course was offered as a religion class, not a course on science. Nothing dishonest has been done, and the course is clearly about the study of religion, rather than the establishment of a religion.

    If however, the people pushing the class are doing so for unethical reasons, with the intent of indoctrinating, rather than educating, or attempting to promote one specific religious viewpoint, such as Christian special creation, over another (what about the old world on the back of a turtle theory?), and/or attempting to teach this viewpoint outside of its specific scholarly arena, such as in a science class as opposed to a religion class, then yes, you've stepped in Establishment doo doo. Go wipe your shoes.

    You can't seperate the motives from the infraction. It doesn't matter what the infraction is - the law isn't (and shouldn't be) a hard line between black and white. A consideration of why is just as important as a consideration of what.

    If I write a book on Christianity with the purpose of teaching Christianity in a religion class, my motive is clear. I intend to teach religion.

    If I write a book on a Christian based theory with the purpose of masquerading it as science, my motive is also clear, and no less germaine when the Establishment Clause pulls up in the Maxi-bus and knocks the crap out of me.

    No apples or oranges about it.

    jim · 5 January 2006

    "Very clever young man, but it's turtles all the way down!"

    Stephen Elliott · 5 January 2006

    Posted by jim on January 5, 2006 01:02 PM (e) (s) "Very clever young man, but it's turtles all the way down!"

    Hehe, good one.

    rdog29 · 5 January 2006

    I may be going out on a limb here, as I am not intimately familiar with the details of the Cobb County case. But here's something for our friend Larry:

    OK, let's not consider "motives", let's consider the "purpose" of the evolution disclaimer stickers.

    There is no "controversy" about evolution among professional biologists, just as there is no controversy about gravity among physicists. Evolution is "just a theory" in the same way that Newtonian Mechanics or Relativity is "just a theory".

    So, Larry, why was evolution singled out for the disclaimer treatment? Why don't we insist on stickers in Physcis textbooks claiming that Gravity or Maxwell's Equations are "just theories"? Or in Chemistry textbooks that Quantum Mechanics is "just a theory"? What's the purpose of implying that an alternative theory exists when it does not?

    What is the purpose of misleading or lying to kids, Larry?

    Reed A. Cartwright · 5 January 2006

    Is this the first time you've referred to the Discovery Institute as "Disco"? I like it; I think "the Disco Institute" is a much better name for them. It fits their level of seriousness.

    We've used it a couple of times. I first encountered it when someone who worked for the DI used it.

    Mr Christopher · 5 January 2006

    Creationist larry, guess what? Intelligent design creationism lost in court. Their star "scientist" was there for the defense and he ended up looking like someone who promotes cancer healing magnets.

    If they ever get another court case intelligent design creationism will lose again. And again and again.

    Intelligent design creationism is not science and never will be. Therefore it will never be taught in public science classrooms.

    History will be very cruel to Behe and Dembski. They will be remembered as buffoons, quacks, the same ilk who bring us healing crystals. Dembski is obviously no scientist and Behe is quite simply a moron. I'm sorry to be the one to break the news to you.

    Cry, whine, object, complain, cover your ears all day long but these are the facts.

    Even the Dishonesty Institute is downplaying intelligent design creationism now and putting more emphasis on "teach the controversy" That plan is going to back fire as well.

    Thanks to the Dover trial and the sheer dishonesty of the intelligent design creationists there, and the stupidity and ignorance of the defense experts (Dishonest Institute "fellows") The general public is far more aware of the dishonest tactics and distortions promoted by the Dishonesty Institute.

    Most everyone in American is now aware that intelligent design creationism is not science and all about promoting creationism.

    So put on a black arm band, get yourself a hanky (and blow your nose) and start dealing with your grief issues. IDC is dead. It is not going to come back from the dead.

    Moses · 5 January 2006

    mo·tive n. [Anglo-French motif, from Middle French motif adjective, moving, from Medieval Latin motivus, from Latin motus, past participle of movēre to move] Something (as a need or desire) that causes a person to act - In criminal law, motive is distinguished from intent or mens rea. Although motive is not an element of a crime, evidence regarding motives can be introduced to help establish intent. In contract law, motive is usually distinguished from cause or consideration.

    Andrea Bottaro · 5 January 2006

    Going back to the original topic, this is a major embarassment for the Court, isn't it. The Judges here seem in effect to be punting, after having wasted a whole hearing grilling one of the lawyers on a detail that turned out to be due to the Court's own misreading and/or poor fact-finding.

    They are blaming it on the counsels for not being clear enough "in their advocacy", but that's just unconvincing. The facts were ascertained during trial, the first ruling clearly stated them, and then one or more of the appeal Judges decided on their own that the ruling had gotten them completely wrong, and publicly blamed the plaintiffs' legal team for it, without bothering to do minimal research on the subject (like going back to look at the records), or at least asking both parties for clarifications before putting up the show.

    Of course the Judges hold all the cards here, but this non-apology doesn't really cut it, IMO. The appeal hearing was side-tracked on an irrelevancy, the plaintiffs' lawyer was publicly attacked and flustered, and the Court (or members of it) gave out an obvious impression of bias. In fact, from what I read the media were unanimous in saying after the hearing that the original Selman ruling was likely toast, and Creationists went into various degrees of ecstatic paroxysm. I don't know if a new hearing can be called at this point, or the Judges can recuse themselves, but either one or both would seem to be advisable. Even if Selman is reaffirmed, the defendants will likely blame it on the Court's embarassment. The process seems to have been tainted.

    AC · 5 January 2006

    Pretty cool name, huh? uncommon descent it's a play on Darwin's common descent? How clever is THAT?

    — Mr Christopher
    Why, it's clever beyond measure!

    Sir_Toejam · 5 January 2006

    indeed, I think Larry might enjoy the resurrected version of uncommon descent even more than ARN.

    I hereby change my recommendations in light of the resurrection of UD, under the well qualified and appropriate leadership of Dave Scott, no less, to recommending Larry to go to UD instead of ARN.

    you really do belong there, Larry. they can't afford free beer, but they have plenty of worthless free opinions you would indentify with.

    maybe that's better than beer?

    me · 5 January 2006

    According to this article in the Atlanta paper, it sounds like the missing petitions are still a potential problem for the appeals court and the only thing that has been clarified is that the appeals court has accepted the good guy's explanation that he wasn't trying to confuse anybody. On the other hand, the school board lawyer seems to be sewing confusion by denying that the evidence under question ever existed, even though a third party (a newspaper reporter) saw it with his own dang eyes.

    Is it possible that the school board will argue that the trial judge rendered his decision in part on evidence (the missing petitions that speak to motive) that was never entered into the trial record? Does this mean the trial court decision will be overturned on a technicality?

    Evolution case turns to petitions: School board's attorney doubts documents exist

    By BILL RANKIN
    The Atlanta Journal-Constitution
    Published on: 01/05/06

    Were they a fact or just a theory?

    Supporters of evolution instruction --- and a federal judge --- say petitions signed by about 2,300 people played an important role in the Cobb County school board's decision to affix now-famous disclaimer stickers inside science texts. But Wednesday the school board's attorney questioned whether the petitions even existed.

    According to testimony in a federal court case and a news report at the time, the petitions, circulated by a parent who opposed evolution instruction, were presented to the school board in March 2002 shortly before it approved the stickers. U.S. District Court Judge Clarence Cooper made note of the petitions when he ruled last year that the stickers unconstitutionally endorsed religion.

    But just as they were with Cooper, the petitions have become a key issue in the appeals court in Atlanta, which is now considering whether to let Cooper's ruling stand or overturn it.

    During oral arguments last month at the 11th U.S. Circuit Court of Appeals, one of the three judges hearing the case, Ed Carnes, expressed concern that Cooper "got the facts wrong" about the petitions. Carnes took the unusual step of pulling one of the lawyers in the case back to the podium before the packed courtroom and demanded to know whether the attorney had misled the court about the petitions.

    On Wednesday, the 11th Circuit cleared up that matter. In a four-page order, the court found that no lawyers arguing the case from either side had misled the 11th Circuit or attempted to do so. "We issue this order to remove any implication that either counsel did," the court said.

    But the order added that "parts of the trial record in the case concerning the petition are puzzling," only adding further intrigue to the mystery of the missing petitions.

    In a Dec. 22 letter to the 11th Circuit, the lawyer representing the pro-evolution forces, Jeffrey Bramlett of Atlanta, conceded that the March 2002 petitions were never made part of the record during the November 2004 trial presided over by Cooper. But Bramlett said "ample evidence" shows the petitions were collected and delivered.

    Two people --- then-Cobb school Superintendent Joseph Redden and Marjorie Rogers, the avowed six-day creationist who ran the petition drive --- have testified the board was given the petitions in March 2002 before it adopted the evolution disclaimers, Bramlett told the court.

    In a six-page letter, Bramlett apologized for a "mis-citation" in his legal brief that compounded confusion among the court's judges about the petitions. He also acknowledged that the only petitions entered into evidence in the case were submitted to the school board on Sept. 26, 2002 --- six months after the board adopted the stickers, which called evolution "a theory, not a fact."

    Within hours after Bramlett filed his response, the 11th Circuit faxed an order, marked "Urgent-Time Sensitive," to Linwood Gunn, the Cobb school board's attorney.

    The court asked Gunn to address the "factual matters asserted in Mr. Bramlett's letter" and address "any evidence regarding the timing of any petitions that may have been filed with the school board."

    In his response, filed Tuesday, Gunn repeated his assertion that the trial record does not include a 2,300-signature petition submitted by Rogers, which was referred to in Cooper's ruling. In fact, Gunn told the court, "I have never seen such a document."

    When asked in a telephone interview Wednesday if he thought the March 2002 petitions ever existed, Gunn said, "I have my doubts."

    But on March 28, 2002, the day the school board adopted the stickers, Rogers told the board she had collected signatures from 2,300 people who were dissatisfied with science texts that espoused "Darwinism unchallenged," The Atlanta Journal-Constitution reported the following day.

    A few days later, a Journal-Constitution reporter examined the petitions at the Cobb school system offices and took notes on names and phone numbers of some of the people who had signed.

    On Wednesday, Gunn said Cobb school board spokesman Jay Dillon does not believe that ever happened.

    In an article published April 14, 2002, the Journal-Constitution again reported that the school board had agreed to insert the stickers inside science texts in response to pressure from several dozen parents who criticized the teaching of evolution. The article said the parents had presented petitions with 2,000 names of county residents who demanded accuracy in textbooks. The Cobb school board did not challenge the existence of the petitions at that time.

    Bramlett said Wednesday he believes the petitions were given to the board in March 2002 and thinks the record supports Cooper's finding that it occurred.

    "The trial court heard the testimony," Bramlett said of Cooper. "The trial court was there. That's the reason in our legal system that the trial judge's fact finding is entitled to deference by the appellate courts."

    'Rev Dr' Lenny Flank · 5 January 2006

    Motives, motives, motives. There is all this emphasis on motives.

    (sigh) When Larry gets around to actually reading the Cobb decision, he will learn that the judge did NOT rule based on the board's "motives" --- indeed he specifically and plainyl said that the policy PASSED the "purpose" prong of the Lemon test. It fell flat on the second prong, though. But I forget --- Larry doesn't actually read any of the things he presumes to expound upon.

    'Rev Dr' Lenny Flank · 5 January 2006

    OK, let's not consider "motives", let's consider the "purpose" of the evolution disclaimer stickers. There is no "controversy" about evolution among professional biologists, just as there is no controversy about gravity among physicists. Evolution is "just a theory" in the same way that Newtonian Mechanics or Relativity is "just a theory". So, Larry, why was evolution singled out for the disclaimer treatment? Why don't we insist on stickers in Physcis textbooks claiming that Gravity or Maxwell's Equations are "just theories"? Or in Chemistry textbooks that Quantum Mechanics is "just a theory"? What's the purpose of implying that an alternative theory exists when it does not?

    That, oddly enough, was precisely one of the arguments made by the judge in his opinion.

    if the glove conceivably fits, you must acquit · 6 January 2006

    If I shoot and kill someone's dog, I've committed at least one crime - animal cruelty.

    Larry's proposal is that if, independent of any of the facts in the case, it is conceivable that a dog lover might have killed the dog, then it's ok that you did.

    k.e. · 6 January 2006

    Glove ......funny..... thats what Behe did

    k.e. · 6 January 2006

    Thats what happens if you let your dispenstionlism get the better of you.
    The fundamenatlist nightmare can be very real to those in the real world paticularly if the nature of men and nuclear physics are confused as not being the same.

    Larry Fafarman · 6 January 2006

    Comment #67921 posted by Steviepinhead on January 5, 2006 12:14 PM I couldn't care less what "Larry" "thinks," but, just for laughs--- Can anyone give an example of a state curriculum authority or of an individual school district, anywhere in the country, known to be considering the inclusion of ID psuedoscience in the biology curriculum or otherwise planning to water down evolution instruction, where one or more of the board or authority members have not already clearly and publicly announced their religious motivations, or the religious nature of the constituent pressure being brought to bear?
    Maybe not now, but who knows, maybe such an example could happen in the future? Anti-ID court decisions, unless reversed (and reversing precedent is very hard to do), will be around forever. An anti-ID court decision directed against fundy school boards could someday be used against atheist school boards. Also, as a result of the Dover decision, pro-ID fundies on school boards are likely to become more reticent about their religious motivations (they already had good reason to be very cautious). Also, the way things are now, any kind of criticism of evolution theory is presumed to be motivated by religion, so it really does not matter whether religious motivation is expressed or not. So the laughs on you, smartypants. Scary Larry -- getting even scarier

    k.e. · 6 January 2006

    Bah

    dispensationalism

    some of this stuff will curl your toes

    Larry Fafarman · 6 January 2006

    Comment #67935 Posted by Don Baccus on January 5, 2006 12:50 PM LaLaLarry wrote: ****The issue of motives in these establishment clause cases should be eliminated.***** Well, since the establishment clause is all about motive and intent I guess you'd better start getting to work on a constitutional amendment to remove it ...
    The establishment clause is not all about motive and intent. One of the purposes of the second -- or "effects" -- prong of the Lemon test is to determine whether something appears to be a government endorsement of religion, without regard to motive or intent. Scary Larry

    Larry Fafarman · 6 January 2006

    Comment #67988 posted by Andrea Bottaro on January 5, 2006 03:14 PM Going back to the original topic, this is a major embarassment for the Court, isn't it. The Judges here seem in effect to be punting, after having wasted a whole hearing grilling one of the lawyers on a detail that turned out to be due to the Court's own misreading and/or poor fact-finding.
    No one knows yet what the truth is, or who or what caused the misunderstanding, or whether there was a deliberate effort to deceive.
    They are blaming it on the counsels for not being clear enough "in their advocacy", but that's just unconvincing.
    I agree with you here. The judges essentially said that the attorneys did not have the right to make an honest mistake -- even just a mistake that was apparently based on the lower court's own records.
    The appeal hearing was side-tracked on an irrelevancy
    It was not an irrelevancy, but I agree that the court might not have handled it well. I don't think that Judge Carnes was wrong about calling the plaintiffs' attorney back to the podium for questioning about a major discrepancy. I don't know the tone of the judge's questioning, so I don't know whether he showed any particular bias.
    I don't know if a new hearing can be called at this point, or the Judges can recuse themselves, but either one or both would seem to be advisable.
    Before appealing to the Supreme Court, the losing party can request an "en banc" decision by all the appeals judges of the 11th circuit federal court of appeals. I am not sure, but I think that just a single appeals judge (other than one of the three judges on the panel) can grant a request for an "en banc" decision. However, I think that en banc decisions are rare (of course, so are the Supreme Court's acceptances of cases for review). I think that if the school board wins in the appeals court, the Supreme Court will not grant review because this is not a good representative case for ID, since the stickers do not mention ID or refer to anything that mentions ID. Scary Larry

    Larry Fafarman · 6 January 2006

    Comment #67946 posted by rdog29 on January 5, 2006 01:19 PM There is no "controversy" about evolution among professional biologists, just as there is no controversy about gravity among physicists
    Fairly recent polls of scientists have shown that a small but significant minority of them support ID. For example, a 2002 poll of 460 Ohio scientists (physical scientists as well as life scientists) showed that 7% thought that intelligent design was either "strongly" or "partly" supported by scientific evidence. Most (90%) believed there was no scientific evidence at all for the idea of intelligent design. And 3% were "not sure". From http://www.ncseweb.org/resources/articles/733_ohio_scientists39_intellige_10_15_2002.asp This is a fairly old poll, 2002 -- opinions about ID can change rapidly. Considering the great importance that is often laid on scientists' --- particularly life scientists' -- opinions about evolution, ID, and creationism, it is astonishing that polls of scientists on the subject are not conducted more often. One nice thing about anonymous polls is that the respondents are not under pressure to conform and hence can be candid. As for "experts''" opinions on anything, my attitude is often, "the experts have their opinions and I have mine." I defer to the opinions of experts only in areas beyond my understanding and where I do not spend the time to learn all the facts. I am totally unimpressed by anti-ID statements signed by large numbers of Nobel-prize winning scientists. There might not be controversy among physicists about Newton's Law of Gravity, but there may be controversy over advanced theories of gravity.
    Evolution is "just a theory" in the same way that Newtonian Mechanics or Relativity is "just a theory".
    They are called Newton's laws of motion, not Newton's theories of motion.
    So, Larry, why was evolution singled out for the disclaimer treatment? Why don't we insist on stickers in Physics textbooks claiming that Gravity or Maxwell's Equations are "just theories"? Or in Chemistry textbooks that Quantum Mechanics is "just a theory"?
    Where is it written than evolution theory cannot be criticized unless other scientific theories are criticized at the same time? That makes no sense at all. Also, gravity (just Newton's law of gravity) and Maxwell's Equations are laws, not theories.
    What's the purpose of implying that an alternative theory exists when it does not?
    I don't consider ID to be a scientific theory -- I just consider the scientific parts of ID (e.g., irreducible complexity) to be scientific criticisms of evolution theory. Note that ID is generally not called "intelligent design theory."
    What is the purpose of misleading or lying to kids, Larry?
    I don't think that teaching kids both sides and allowing them to choose for themselves is misleading or lying to them. I think that teaching them just one side is misleading or lying to them.

    PvM · 6 January 2006

    I don't think that teaching kids both sides and allowing them to choose for themselves is misleading or lying to them. I think that teaching them just one side is misleading or lying to them.

    — Larry
    Why? Even Irreducible Complexity has failed as a relevant criticism of evolution theory. Btw ID is often called intelligent design theory, or the theory of intelligent design by ID proponents. That ID is scientifically vacuous seems to be no reason for them to stop referring to it as a theory. Even ID's criticisms of evolutionary theory are at most poor science. For instance see Icons of Evolution, the Cambrian, irreducible complexity.

    PvM · 6 January 2006

    The issue of motives in these establishment clause cases should be eliminated.

    — Larry
    Sure, since the purpose of teaching ID lacks a valid secular purpose it should fail the establishment clause. But then again, is Larry not arguing that teaching poor science may still be 'legal'? Luckily the courts have rejected that argument. Teaching the controversy, balanced treatment have all been interpreted as shams.

    rdog29 · 6 January 2006

    OK, Larry. Answer me this:

    Precisely what is it that evolutionary theory cannot account for? How can you be sure that evolutionary mechanisms cannot produce such a thing?

    You advocate teaching kids "both sides". Just what the hell is the "other side"? There is no "other side" because there is no ID "theory" - not even ID "laws" (since you seem intent on making the distinction between laws and theories).

    Sorry Larry, if you want "the other side" to exist you have to do more than just point to gaps in our current understanding. Sure, gaps exist, but why is it that no evidence has yet been found that is inconsistent with evolutionary theory? Gaps exist in our understanding of gravity or quantum mechanics - yet no one advocates "teaching the controversy" in physics.

    So I'll ask again - where is the data that is inconsistent with evolutionary theory? If no such data exists, then explain why ID is not just a superfluous fantasy?

    And since when do theories with no "laws", no predictions and no observable consequences get taught in science class?

    Greg H · 6 January 2006

    Once more with the asking a pig not to wallow.

    You see, I have finally found the disconnect between "us" and "them" - us, being of course the folks who recognize ID for what it is, and them being those that support it, and this teach the controversy crap.

    The disconnect is, they're not really interested in teaching anything at all. They want the free ability to indoctrinate young folks into a given religious perspective. So while we're all scratching our heads going, "What the hell do you mean it's science?", they're down the pub having a pint with their chums going, "Science? No...but if we dress the Bible up in a lab coat and spectacles, maybe we'll get it through, yeah?"

    By the way, I also have a theory, which is mine, and being mine, should be taught because it raises serious controversy to the laws of gravity. You see, there is no gravity. Rather, there are these tiny little demons whose sole purpose is to hold things down. That's why we can't fly. Too many demons. Brids have special glands, fallaciously mislabelled as hollow spaces in their bones, which allow them to scare the demons away for breif periods so they can fly. This whole idea of thrust and aerodynamic lift is just a huge cover-up by centuries of scientists, in every country on the earth, to hide the existence of these demons, and even deny their effect on every day human life, DESPITE THE EVIDENCE RIGHT IN FRONT OF THEIR EYES!

    It just makes me sick.

    Larry Fafarman · 6 January 2006

    Comment #68067 posted by 'Rev Dr' Lenny Flank on January 5, 2006 06:32 PM (sigh) When Larry gets around to actually reading the Cobb decision, he will learn that the judge did NOT rule based on the board's "motives" ---- indeed he specifically and plainly said that the policy PASSED the "purpose" prong of the Lemon test. It fell flat on the second prong, though.
    Loony Lenny, Last time, when you incredibly made an ad hominem attack on me in response to an extensively researched post of mine that actually supported one of your positions, I said that I was not going to respond to you anymore except to tell you to shove it. But rather than cut off my nose to spite my face, I will answer the issues you raised here. OK, I just looked at the Selman v. Cobb County opinion, and what you say is true -- the opinion said that the textbook stickers passed the "purpose" (first) prong but failed the "effects" (second) prong. It is apparent in the opinion that "purpose" here means the motives and/or intent of the school board members. However, one of the important issues in this particular thread is one of motives -- not just the motives of the school board, but also the motives of the 2,300 people who allegedly signed a petition expressing dissatisfaction with science textbooks that espoused "Darwinism unchallenged." The Selman opinion implied that this petition and the motives behind it were OK because they supported what the opinion ruled was a valid secular purpose of the stickers --- "by presenting evolution in a manner that is not unnecessarily hostile, the sticker reduces offense to students and parents whose beliefs may conflict with the teaching of evolution." However, it appears that the plaintiffs' attorney is trying to make this petition and the motives behind it an issue in the appeal. Anyway, when I was speaking of eliminating motives as a factor in establishment clause cases, I was speaking in general terms, not just about the Selman case. Scary Larry

    Larry Fafarman · 6 January 2006

    Comment #68284 posted by rdog29 on January 6, 2006 10:02 AM OK, Larry. Answer me this: Precisely what is it that evolutionary theory cannot account for? How can you be sure that evolutionary mechanisms cannot produce such a thing?
    Your questions are deviating pretty far from this thread's original topic, which is the question of whether or not the appeals court was misled in the Selman appeal, so I don't know if I should answer you here, but I will. People who come to this thread expect to see the original topic being debated, so I don't think it is fair to them to deviate too far. I am answering only to show that I have some rational answers and that I am not just a bible thumper. It is not my intention to start a long-winded discussion, so if you choose to respond to the points I make here, I will probably let you have the last word. One of the disadvantages of the format of this website is that only the management can start new threads. There are lots of things that evolution theory cannot account for. The best known are the "missing links" and irreducible complexity. Some others are (and except for co-evolution, these other things have nothing to do with "design") -- (1) -- the mechanism of the propagation of favorable mutations through many generations of organisms that reproduce by sexual means. (2) -- the mathematical probability or improbability of evolution (3) -- co-evolution of two co-dependent organisms
    You advocate teaching kids "both sides". Just what the hell is the "other side"? There is no "other side" because there is no ID "theory"
    I agree that there is no scientific ID "theory." I think that ID is not a scientific theory because it is not a scientific explanation for the origin of species. I consider the scientific concepts of ID -- the best known is "irreducible complexity" --- to be just scientific criticisms of evolution theory.
    Sure, gaps exist, but why is it that no evidence has yet been found that is inconsistent with evolutionary theory?
    I believe that all the items I mentioned above, when properly analyzed, are inconsistent with evolution theory.
    And since when do theories with no "laws", no predictions and no observable consequences get taught in science class?
    Macro-evolution theory cannot make predictions of observable consequences either, because macro-evolution in progress cannot be directly observed. The only predictions that can be made with macro-evolution theory are predictions of likely future finds of more circumstantial evidence of macro-evolution. For example, the fossil record can be used to make predictions of likely future finds of "missing link" fossils. Comparative anatomy can be used to make predictions about genetics and vice-versa. And so forth.

    Wislu Plethora · 6 January 2006

    There are lots of things that evolution theory cannot account for. The best known are the "missing links" and irreducible complexity. Some others are (and except for co-evolution, these other things have nothing to do with "design") --- (1) --- the mechanism of the propagation of favorable mutations through many generations of organisms that reproduce by sexual means. (2) --- the mathematical probability or improbability of evolution (3) --- co-evolution of two co-dependent organisms

    — Larry
    Your list indicates that you have done no research on the subject, or did do research but didn't understand what you read, or did do research, understood what you read, and arbitrarily rejected it. My guess is that the third possibility is correct, so perhaps you'd like to share with us A) the references you have used in forming your opinions, and B) your refutations of them.

    Flint · 6 January 2006

    Wislu:

    I think you have forgotten possibility number four: He did all his research at creationist sites, found their claims plausible in the absence of any actual knowledge, and has regurgitated them here not realizing they are bogus.

    However, I suspect Larry's learnproofing is flawless. I seriously doubt we'll see his references.

    Greg H · 6 January 2006

    I will readily admit to an abundance of ignorance on one of Larry's points (above) and ask for some reference for my own future understanding. Specifically:

    (3) --- co-evolution of two co-dependent organisms

    — Larry F.
    Can anyone provide me any links to reading materials on this? Thanks in advance.

    Larry Fafarman · 6 January 2006

    Comment #68275 posted by PvM on January 6, 2006 08:47 AM Larry wrote: I don't think that teaching kids both sides and allowing them to choose for themselves is misleading or lying to them. I think that teaching them just one side is misleading or lying to them. Why? Even Irreducible Complexity has failed as a relevant criticism of evolution theory.
    That is just a matter of opinion, even among scientists. Fairly recent polls of scientists have shown that a small but significant minority of them support ID. For example, a 2002 poll of 460 Ohio scientists (physical scientists as well as life scientists) showed that 7% thought that intelligent design was either "strongly" or "partly" supported by scientific evidence. Most (90%) believed there was no scientific evidence at all for the idea of intelligent design. And 3% were "not sure". This level of support is small, but I am sure that it is much higher than the support that astrology or alchemy would get. From http://www.ncseweb.org/resources/articles/733_ohio_scientists39_intellige_10_15_2002.asp
    Btw ID is often called intelligent design theory, or the theory of intelligent design by ID proponents. That ID is scientifically vacuous seems to be no reason for them to stop referring to it as a theory.
    This ID proponent does not call it a scientific theory.
    Even ID's criticisms of evolutionary theory are at most poor science.
    As I said above, that is a matter of opinion, even among scientists. And there is no constitutional separation of poor science and state or pseudoscience and state, so the courts would have no constitutional basis for banning poor science and pseudoscience from public-school science classrooms. Astrology and alchemy, for example, are not associated with religion and hence could not be banned. Of course, this issue might be considered moot because presumably no legitimate school district would try to teach pseuodscience or poor science as good science. But astrology and alchemy could be taught in science classes just for historical or comparative purposes. However, the courts have ruled that ID cannot even be mentioned in public-school science classes.

    jim · 6 January 2006

    Let's see if I get this right,

    90% say there's *NO* evidence for ID
    3% say they're not sure

    I don't see ANY endorsement / support for ID in those statements.

    Since the 93% of responses do NOT support ID and survey doesn't say where the other 7% lie, you can't honestly call these numbers "support" from the scientific community. This is especially true since you don't even know what the survey questions asked.

    Furthermore, let's also point out that 84% felt that evolution was consistent with a belief in God.

    FYI, your article provides nice support for the case against teaching ID in schoolrooms.

    Thanks!

    Larry Fafarman · 6 January 2006

    Comment #68320 Posted by Greg H on January 6, 2006 12:18 PM Larry F. wrote: ****(3) --- co-evolution of two co-dependent organisms***** Can anyone provide me any links to reading materials on this?
    A well-known example of two co-dependent species are bees and insect-dependent flowering plants. This co-dependence is sometimes called "mutualism." Does your Internet Service Provider have a search engine? If not, try using http://www.google.com/ . Co-evolution is sometimes spelled coevolution. Don't expect to find any criticism of evolution theory, though. But I think that the study of co-evolution has great potential to be an area for criticism of evolution theory. There is a little article about co-evolution in the Wikipedia Online Encyclopedia.

    Larry Fafarman · 6 January 2006

    Comment #68275 posted by PvM on January 6, 2006 08:47 AM Larry wrote: I don't think that teaching kids both sides and allowing them to choose for themselves is misleading or lying to them. I think that teaching them just one side is misleading or lying to them. Why? Even Irreducible Complexity has failed as a relevant criticism of evolution theory.
    That is just a matter of opinion, even among scientists. Fairly recent polls of scientists have shown that a small but significant minority of them support ID. For example, a 2002 poll of 460 Ohio scientists (physical scientists as well as life scientists) showed that 7% thought that intelligent design was either "strongly" or "partly" supported by scientific evidence. Most (90%) believed there was no scientific evidence at all for the idea of intelligent design. And 3% were "not sure". This level of support is small, but I am sure that it is much higher than the support that astrology or alchemy would get. From http://www.ncseweb.org/resources/articles/733_ohio_scientists39_intellige_10_15_2002.asp
    Btw ID is often called intelligent design theory, or the theory of intelligent design by ID proponents. That ID is scientifically vacuous seems to be no reason for them to stop referring to it as a theory.
    This ID proponent does not call it a scientific theory.
    Even ID's criticisms of evolutionary theory are at most poor science.
    As I said above, that is a matter of opinion, even among scientists. And there is no constitutional separation of poor science and state or pseudoscience and state, so the courts would have no constitutional basis for banning poor science and pseudoscience from public-school science classrooms. Astrology and alchemy, for example, are not associated with religion and hence could not be banned. Of course, this issue might be considered moot because presumably no legitimate school district would try to teach pseuodscience or poor science as good science. But astrology and alchemy could be taught in science classes just for historical or comparative purposes. However, the courts have ruled that ID cannot even be mentioned in science classes.

    k.e. · 6 January 2006

    So Far Larry has used just about every logical fallacy available, his latest epistle continues a litany of untruths and half truths if he continues and succeeds he will have demonstrated the benefit of ignoring reality for the preservation of stupidity.
    Proof by assertion.

    Larry said
    Logical Fallacy:
    set up own straw man and then knock it down with self referential argument.
    Logical Fallacy 1:
    argumentum ad temperantiam.
    This ID(Creationism) proponent does not call it a scientific theory.

    Logical Fallacy 2:
    Correlation implies causation (logical fallacy).

    Even ID's criticisms of evolutionary theory are at most poor science.

    As I said above, that is a matter of opinion, even among scientists, And there is no constitutional separation of poor science and state or pseudoscience and state,blah blah babble.However, the courts have ruled that ID cannot even be mentioned in science classes

    WRONG---ID is creationism and CAN be mentioned in science classes in that it is NOT science and IS a religious belief.

    Larry Fafarman · 6 January 2006

    Comment #68312 posted by Wislu Plethora on January 6, 2006 11:55 AM Larry wrote: >>>>>>>>>> There are lots of things that evolution theory cannot account for. The best known are the "missing links" and irreducible complexity. Some others are (and except for co-evolution, these other things have nothing to do with "design") --- (1) --- the mechanism of the propagation of favorable mutations through many generations of organisms that reproduce by sexual means. (2) --- the mathematical probability or improbability of evolution (3) --- co-evolution of two co-dependent organisms >>>>>>>>>>> Your list indicates that you have done no research on the subject, or did do research but didn't understand what you read, or did do research, understood what you read, and arbitrarily rejected it.
    I think that there is little or nothing to research because I consider these areas to be just mainly potential areas of criticism of evolution theory. Anyway, I think that this stuff is too far off-topic to discuss here. The topic of this thread is "Cobb: Court Not Misled," so I think that the discussion here should be mostly limited to legal issues, particularly legal issues concerning the Selman v. Cobb County lawsuit. If you send me your email address, I will send you a few comments about co-evolution and maybe the other topics too. My email address is LarryFarma@aol.com

    Ubernatural · 6 January 2006

    Larry, FYI there's an offshoot message board specifically for off-topic discussions from PT. It's After the Bar Closes. You can find many of the same people over there, and unlike this blog format, anyone is welcome to start a new thread there. Check it out. Go crazy. ;)

    Sir_Toejam · 6 January 2006

    larry, since you are a complete and utter moron, could you at least be a LITTLE less of a troll as well.

    show some self restraint, and when you think you NEED to post, try curbing that need just once or twice, would ya please?

    or hell, go over to UD or ARN where your inanity might be actually appreciated.

    do you enjoy abuse?

    not one person here, in the week or so you have been posting, has EVER agreed with the gist of ANYTHING you have ever posted.

    we have all poured copious amounts of derision on your readily apparent laziness, lack of logic, and downright stupidity.

    why persist?

    At least slow down a little, eh?

    Sir_Toejam · 6 January 2006

    @KE:

    CAN

    er, perhaps you mean't CAN'T.

    Wislu Plethora · 6 January 2006

    There are lots of things that evolution theory cannot account for.

    — Larry
    Pretty unequivocal, no? But then, when pressed,

    ...I consider these areas to be just mainly potential areas of criticism of evolution theory.

    — Larry
    The (paper) tiger shows its stripes.

    Greg H · 6 January 2006

    Larry,

    As a matter of fact, my internet browser has several search engines, including Google. I'm assuming that since, rather than provide information, you responded with a rather uncalled for backwards shot at my ability to look things up for myself, you're either not interested in sharing where you get your information, or you don't know a damned thing.

    I was looking for something slightly more scientifically rigorous than Wikipedia. Although judging from your bee/flower example, that was as far as you got, since it's exactly the same example they use there. I got the same result from the "I'm feeling lucky" button.

    Does anyone else have any good examples of scientific research done in the co-evolution field? Specifically, I'm looking for something that says that just because two species are currently evolving together means that they always have in the past. Or something that refutes that assumption. Or even addresses the assumption. To me it seems like a pretty broad one, to say that you can't have one without the other. Hell, there are flowers outside my bedroom that manage to pollinate just fine with no bees involved. But then again, I'm scant on knowledge on the subject.

    And Larry, I don't expect it to contradict evolution. Or to confirm it. Learning new things should not be about confirming or denying our preconceived notions. If that's all you want, congratulations, you're done. You can go home - because you'll never learn anything else.

    Wislu Plethora · 6 January 2006

    Greg,

    Try Googling 'evolution symbiosis' (without quotes) for starters.

    Stephen Elliott · 6 January 2006

    Greg,
    I found this page as an introduction. Hope it is of some help.

    http://www.cod.edu/people/faculty/fancher/Symbio.htm

    ben · 6 January 2006

    Has anyone else noticed that once Larry's arguments start falling apart, like in this thread where he ends up backpedaling from "areas evolution cannot account for" (emphasis mine) to "potential areas of criticism of evolution" he always turns to something like "I think that this stuff is too far off-topic to discuss here"?

    Sir_Toejam · 6 January 2006

    Larry is just mentally disturbed, EOS.

    If you enjoy arguing with the mentally ill, enjoy.

    I personally think the best course is simply to get him to either seek treatment, or else go somewhere where he fits in, like Uncommon Descent.

    listen to that little voice in your head, larry. Run to Uncommon Descent.

    the lunatics are already running the assylum there. you'll be happy.

    Larry Fafarman · 6 January 2006

    Comment #68356 posted by Sir_Toejam on January 6, 2006 02:25 PM show some self restraint, and when you think you NEED to post, try curbing that need just once or twice, would ya please?
    What is your problem? Is someone hassling you ? Most of my posts here are replies to critical responses to my posts, or to specific questions that others ask me. So you think that I should just not respond? In actuality, I have shown restraint. I avoid initiating off-topic discussions myself, and I resist efforts by others to start off-topic discussions. What about the morons -- including you -- who often make no positive contribution to the discussion but just clutter up this website with ad hominem attacks? Often I get five ad hominem attacks for every response that addresses the issues.
    not one person here, in the week or so you have been posting, has EVER agreed with the gist of ANYTHING you have ever posted.
    Speak for yourself. My posts are among the best researched on this website. I often provide a lot of references to back up what I say. I often spend a lot of time finding this reference material. For example, it took me a long time to back up my claim that the Dover opinion was illegal and unethical in using a privileged attorney-client message against the defendants, but I did it. If people here thought that my posts were not persuasive, they would not bother to send so many responses (including ad hominem attacks -- a truly bad post speaks for itself and does not need any response at all).
    At least slow down a little, eh?
    Why should I slow down when my critics won't slow down? I have an idea. If you don't like my posts, you don't have to read them. Is that fair enough?

    Stephen Elliott · 6 January 2006

    Posted by Larry Fafarman on January 6, 2006 03:57 PM (e) (s) ... In actuality, I have shown restraint. I avoid initiating off-topic discussions myself, and I resist efforts by others to start off-topic discussions. What about the morons --- including you --- who often make no positive contribution to the discussion but just clutter up this website with ad hominem attacks? Often I get five ad hominem attacks for every response that addresses the issues. ... Speak for yourself. My posts are among the best researched on this website. I often provide a lot of references to back up what I say. I often spend a lot of time finding this reference material. For example, it took me a long time to back up my claim that the Dover opinion was illegal and unethical in using a privileged attorney-client message against the defendants, but I did it. If people here thought that my posts were not persuasive, they would not bother to send so many responses (including ad hominem attacks --- a truly bad post speaks for itself and does not need any response at all)...

    Are you being serious? Larry if you are just lampooning it really is about time to come clean.

    Reed A. Cartwright · 6 January 2006

    I am closing this thread for going off topic. Continue it in After the Bar Closes.